Class Actions

Overview

Osler’s Class Actions Practice Group has successfully defended clients in many of the leading and complex class action cases in Canada. We have an excellent track record in opposing and defeating class certification and winning early dismissals in every major jurisdiction in Canada. Our class action team has broad and deep experience guiding clients through the most complex business-critical challenges. We offer:

  • Risk Mitigation – We work proactively with clients to develop risk-management strategies to avoid claims whenever possible and to be “litigation ready” when claims are commenced. Osler will rapidly mobilize the right team to assist in minimizing the impact of a class action through immediate management of processes and documents, aggressive early assessment and planning, probable risk assessment, budget controls and crisis communications.
  • National Coordinating Trial Counsel – Our lawyers serve in the role of national counsel across Canada and are able to respond to cases simultaneously across the country, including in Québec, where civil rules apply. We have ongoing experience in leading and coordinating multijurisdictional, U.S. and international cases.
  • Unmatched Research Capabilities – The research requirements for effective defence of a class action can be complex and detailed. Osler’s Research Department provides sophisticated support leading to precedent-setting results.
  • Thought Leadership – Our work has been instrumental in establishing leading principles of class action law, including the right of a defendant to defer the filing of a defence until after certification; the right to conduct examinations of representative plaintiffs in aid of certification; the nature of evidence to be filed on certification; the rules regarding solicitation of class members by plaintiff’s solicitors; and the necessity of considering the merits of the claim as part of the certification process.
  • Discovery Management – Our discovery management specialists have extensive experience in delivering customized, cost-effective and efficient discovery solutions in complex multijurisdictional class actions.

 

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Christopher Naudie

Partner, Litigation
Toronto

Éric Préfontaine

Partner, Litigation
Montréal

Sonia Bjorkquist

Partner, National Chair, Litigation
Toronto

Tristram Mallett

Partner, Litigation
Calgary

Deborah Glendinning

Partner, National Chair, Litigation
Toronto

Laura Fric

Partner, Litigation
Toronto
  • Facebook, Inc.

    The BC Court of Appeal stayed a privacy class action in Douez v. Facebook, Inc. by enforcing a forum selection clause in favour of the courts of California. In a narrow 4-3 judgment, the SCC overturned the decision.

  • Cadbury Adams Canada Inc.

    Cadbury Adams Canada Inc. in 14 class actions across Canada arising from a regulatory investigation into the pricing and sale of chocolate confectionary products in Canada.

  • Elpida Memory Inc.

    Elpida Memory Inc. in an indirect purchaser class action related to alleged price fixing regarding DRAM.

  • E.I. DuPont Canada Company

    E.I. DuPont Canada Company in a class action involving pricing and distribution arrangements with independent distributors.

  • Amex Bank of Canada

    Amex Bank of Canada in six class actions alleging various breaches of Québec’s Consumer Protection Act and constitutional challenges.

  • Toronto-Dominion Bank

    Toronto-Dominion Bank in certification appeals and settlement of a class action seeking damages for fees applied to foreign exchange transactions on TD Visa credit cards.

  • Vale Inco Limited

    Vale Inco Limited in a class action on behalf of residents of the City of Port Colborne, alleging property damages related to historic emissions from Inco’s nickel refining activities.

  • Vale Inco Limited

    Vale Inco Limited in a class action arising from an accidental gas emission from one of the company’s facilities.

  • Canada Mortgage and Housing Corporation

    Canada Mortgage and Housing Corporation in a class action relating to pension surplus.

  • Hydro-Québec

    Hydro-Québec where a class action by retirees claiming pension surplus was dismissed.

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  • Chambers Canada: Canada's Leading Business Lawyers, 2016-2018, Band 1, recognized in the area of Class Action litigation.
    • "One impressed source says the firm is "great at high-level strategy. I've been impressed with the way they've been able to advocate seriously but also have a respectful relationship with co-defendants or counsel."
  • Benchmark Litigation Canada, 2017, Osler Lawyers recognized in the area of Class Action.
  • Canadian Legal Lexpert Directory, 2017, Montreal, Quebec, Osler ranked in the area of Class Actions practice as Consistently recommended.
  • Canadian Legal Lexpert Directory, 2012-2017, Toronto, Ontario, Osler ranked in the area of Class Actions practice as Most frequently recommended.
  • Chambers Global: The World’s Leading Business Lawyers, 2016-2017,  Osler ranked in Band 1, recognized in the area of Class Action litigation.
    • “They are team-focused, they know our business and they take long-term strategic positions.” 
    • “The firm is a well-oiled machine and I wouldn't hesitate to recommend them for large country-wide litigation matters."
  • Chambers Canada: Canada's Leading Business Lawyers, 2016-2017, Band 1, recognized in the area of Class Action litigation.
    • "I've been impressed with how they've worked with their co-counsel in other jurisdictions, and they have provided very good prompt service." 
    • "They have a strong profile and are dedicated to class actions."